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Home My WebLink AboutStaff Report 129-10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE: FEBRUARY 8, 2010 CMR: 129:10 REPORT TYPE: CONSENT SUBJECT: Adoption of a Resolution Summarily Vacating a 12 -Foot Wide Strip of a Public Utilities Easement at 780 Loma Verde Avenue RECOMMENDATION Staff recommends that Council approve the attached Resolution Summarily Vacating a 12 -foot wide strip of a Public Utilities Easement (PUE) at 780 Loma Verde Avenue, Palo Alto. DISCUSSION The owners of the property at 780 Loma Verde Avenue have requested that the City vacate a 12 - foot wide PUE which runs along their eastern property line (see attached map). The owners recently purchased the property and found that the easement exists, but no utilities or public facilities exist within it. The property owners confirmed with City staff that the City acquired the easement in 1959, the easement had never been used and it is not needed for any current or future public purpose. Staff has notified AT&T (formerly SBC Communications), the City Utilities, Public Works and Planning Departments of the proposal to vacate the 12' wide PUE and all concur with the vacation. Therefore, the 12 -foot wide strip of PUE to be vacated is not necessary for any present or future use and it may be summarily vacated in accordance with Section 8333 of the California Streets and Highways Code. RESOURCE IMPACT The easement vacation processing fee of $1,335.00, as set forth in the Municipal Fee Schedule, has been paid by the owner. POLICY IMPLICATIONS The recommendation does not represent any change to City policies. The Planning Department has determined that the vacation of the 12 -foot wide strip of PUE is in conformity with the Palo Alto Comprehensive Plan. CMR: 129:10 Page 1 of 2 ENVIRONMENTAL REVIEW The proposed summary vacation of the 12 -foot strip of PUE is categorically exempt from the review under the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Section 15305 as a minor, alteration in land use limitations. PREPARED BY: MARTHA MILLER Manager, Real Property DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Summary Vacation Resolution Attachment B: Site Map cc: property owner 4- kr LALO PEREZ Director, Administrative Services MES KEENE City Manager CMR: 129:I0 Page 2 of 2 ATTACHMENT A Recorded at no charge in accordance with Streets & Highways Code Section 8325 at the request of and when recorded return to: CITY OF PALO ALTO/REAL ESTATE 250 Hamilton Avenue P.O. BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER'S USE A.P. No.: 127-50-032 Project No.: CEV 09/01 Project: Vacation of PUE - 780 Loma Verde Avenue SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A 12 -FOOT STRIP OF A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 780 LOMA VERDE AVENUE WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, commencing with Streets and Highways Code section 8330, provides for summary vacation of streets and public service easements; and WHEREAS, in 1959 the City of Palo Alto acquired a 12 -foot public service easement for utilities on the property located at 780 Loma Verde Avenue as shown on the Deed, recorded in Book 1425 at page 581, Document number 1636238, records of Santa Clara County; and WHEREAS, this 12 -foot ,strip of the public service easement for utilities has never been used and there are no other public facilities within the easement to be vacated; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate public service utilities easements which have not been used for a consecutive five year period, and there are no public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the 12 -foot strip of the public service easement for utilities, 1 as more particularly described in Exhibit "A", attached to this resolution and depicted on the plat map attached as Exhibit "B" to this resolution; and NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. The City Council makes the following findings: 1. The 12 -foot strip of public utilities easement has never been used for five consecutive years, and no public facilities are located within this portion of the easement; and 2. This portion of the public utilities easement is not needed for present or prospective public facilities and as such has been determined to be excess; and 3. The public service easement for utilities is not useful as a non -motorized transportation facility; and 4. The Council has considered the Palo Alto Comprehensive Plan and ratifies the determination of the planning department that the vacation of the 12 -foot strip of the public utilities easement is in conformity with the Palo Alto Comprehensive Plan. SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the 12 -foot strip of the public utilities easement as shown on the attached map(s) shall be and hereby is summarily vacated. SECTION 3. The City Clerk, acting by and through the Real Property Manager, is hereby directed to record at Santa Clara County Records a certified copy of this Resolution, including the Maps and the Report. SECTION 4. The 12 -foot strip of easement for utilities described in Exhibit "A" and depicted in the plat map attached as Exhibit "B" will no longer constitute a public service easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. SECTION 5. The Council finds that summary vacation of the 12 -foot strip of the public utilities easement is exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations section 15305 as a minor alteration in land use limitations. 2 INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Asst. City Attorney City Manager Director of Administrative Services 3 ATTACHMENT B LEGAL DESCRIPTION EXHIBIT `A' PUBLIC UTILITY EASEMENT (P.U.E.) TO BE VACATED All that certain parcel of land situate in the City of Palo Alto, County of Santa Clara, State of California, more particularly described as follows: Being an easement for public utilities purposes, in, under, over, across the property described as follows: BEGINNING at a point on the Southeasterly line of Loma Verde Avenue (60 feet wide) distant thereon 256.27 feet Northeasterly from the point of intersection thereof with the Southwesterly Tine of Lot 81, C. M. Wooster Company's Subdivision of the Clarke Ranch, a map of which was recorded November 11, 1912, in Book "0" of Maps at page 16, Records of Santa Clara County, California; thence South 52° 00' 00" East parallel with said Southwesterly line, 155.00 feet; thence North 38° 00' 00" East, 5.00 feet; thence North 52° 00' 00" West, 20.00 feet; thence North 48° 58' 20"West, 132.52 feet to a point on said Southeasterly line of Loma Verde Avenue; thence South 50° 30' 00" West along said Southeasterly line, 12.29 feet to the point of beginning, being a portion of said Lot 81. Together with the right to enter upon and to pass and repass over and along said easement whenever and wherever necessary for the purposes above set forth. P.U.E. contains an area of 1,241 square feet (0.028 acres), more or less. This easement is not a subdivision and creates no new parcel. P.U:E. is shown on attached plat Exhibit B and made a part hereof. END OF DESCRIPTION This description is based upon the easement document recorded in Book 4425 of Official Records at page 584, Santa Clara County records. APN: 127-50-032 LAND el COZ 40 0 IL co 0 KI047A-6-16.b Kristina D. Comerer, PLS 6766 License expires: September 30, 2010 -. 442-0D9 Date i 4SA0 0 o It *Ca, r%0 c?. VI V3 XI ti.11, 0 7a 0z U T`' 050 o r:. as co -D L �+i r) LOMA VERDE AVENUE 256.27 POINT OF ;BEGINNING • T - 1S 50120290" ;W PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 'B' VACATION OF PUBLIC UTILITY EASE MENT 780 LOMA VERDE AVENUE PALO ALTO, CALIFORNIA SCALE: 1 " = 50' 1dJn0O VA3M01 SURVEroR"S STATEMENT PM 515 M. 27 LOT A CITY OF PALO ALTO PUE 4425 0. R. 584 TO BE VACATED 1,241 S.F. ± (0 .028 AC. ± LOT LEGEND BOUNDARY LINE DESCRIBED EASEMENT CENTERLINE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT AT THE REQUEST OF ROOPA PRASAD IN DECEMBER 2009. {� D. DA Tr. 1.ez . 22, 2069 KRISTINA D. COMERER, PLS 6766 LICENSE EXPIRES: September 30, 2010 CROSS LAND SURVEYING, INC. CIL 2210 M T. PLEASANT ROAD cur SAN JOSE, CA 95148 (408) 274-7994 LOT 1 23 11 01 IN 41 0 � 1 0 tc— 7° N 52.00' 0" W 20.00 14 38'00'00" E 5.00 1 LS 6766 1.1 E.1 o *o 1 1 TRACT PJ0. 2390^ 25 24 LOS AR8OLL✓S 110 M 9 Op CA PROJECT NO. 09-77 Appro. sr*.iby C%i/eS�IC